A. The lower court’s sentencing is too inappropriate.

B. The lower court’s sentencing is too uncomfortable.

2. Considering the fact that the accused committed the instant crime again during the period of suspension of execution of the same kind of crime even though he/she had been tried for the same kind of crime, and that the blood alcohol concentration is considerably high, strict punishment against the accused is required.

However, considering the following factors: (a) the Defendant’s mistake is divided; (b) the Defendant’s driving distance of a vehicle is not long; (c) the Defendant’s children suffering from mental illness; and (d) the Defendant’s age, sex and environment; (b) the motive, means, and consequence of the crime; and (c) the conditions of sentencing specified in the argument of the instant case, such as the circumstances after the crime, etc., the sentence imposed by the lower court is deemed appropriate; and (d) the Defendant and the prosecutor’s above assertion are too heavy or unreasonable. Therefore, all of them are without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.